Michigan House Bill HB5918

Michigan 2023-2024 Regular Session

• Introduced: 9/11/24
• Refer: 9/11/24

Caption

Environmental protection: water pollution; penalty for certain excess discharges into waters of the state; provide for. Amends sec. 3115 of 1994 PA 451 (MCL 324.3115) & adds secs. 3112d & 3119a.

Impact

Under HB 5918, the consequences for failing to comply with these notification requirements are significant. A county that does not provide the required alert could face civil fines up to $500,000. Additionally, if a discharge directly impacts another county's watershed, the responsible county could incur fines that amount to either $5 million or 20 cents per gallon of the substance discharged in excess of the volumetric limit, whichever is greater. These changes are designed to enhance environmental protection by imposing substantial financial consequences for non-compliance.

Summary

House Bill 5918 aims to amend the Natural Resources and Environmental Protection Act by introducing stricter penalties for counties that discharge waste, effluent, or untreated sewage into the watersheds of contiguous counties without proper notification. The bill mandates that counties must alert the adjacent counties at least 24 hours before an expected discharge occurs, allowing the contiguous county to grant permission. This provision is intended to improve communication and accountability between counties regarding environmental impacts.

Contention

Notably, the introduction of this bill may lead to debates surrounding regulatory enforcement and the balance of local government powers. Supporters argue that enhancing notification requirements will safeguard water resources and enhance collaboration among counties. However, opponents may raise concerns about the administrative burdens and costs that these new requirements could impose on local governments, particularly those with limited resources. Moreover, the severity of the financial penalties might be viewed as excessive by those who argue that more educational approaches should be prioritized over fiscal punishment.